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Gouri Shankar (Retired)     29 September 2022

Can respondent advocate approach h.c.requesting to direct the applent take action

Dear Sirs,

There is a  RFA case in H.C. which is  going on since 2015.  I am one of the respondent out of 10 respondents in RFA.  The appellant has filed a RFA case against the Decree of partition suit,  as he says some of the points, the Trial Court has ignored while delivering the prilimnary decree. The H.C has given STAY for the FDP running in the Trial Court.

The present status RFA case is,  summons not served to some of the respondents who are staying in abroad.  The H.C. ordered once again to appellant to send the summons to the respondents who are staying in abroad. But still the status of the case is summons not served.

Now I am (respondent) running 62 years of age and retired from Public Ltd. Co.  As of now I don't have any property other then the Ancistrial Property (the suit property).  The RFA case is not coming for hearing as the summons are not served to respondents who staying abroad.  The appellant is not bothered to speed up the case as he is enjoying alone in the suit property.

Now at this junction can our Advocate approach the H.C. and request H.C., to direct the Appellant Advocate to take up the matter fast and see to it that all the un-served summons are sent once again through Email (Electronic Media).  I am ready to furnish the EMAIL address to H.C.,  of all the respondents who are in abroad through our Advocate.  By doing this the delay can be solved and the hearing of the case might come fast and conclude the issue.

Kindly suggest the above said procedure is correct or not in Law  as I am being the respondent in the RFA case, and our advocate is not supposed to send the summons.

Please advice me.





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